© 1991

Law, Institution and Legal Politics

Fundamental Problems of Legal Theory and Social Philosophy


Part of the Law and Philosophy Library book series (LAPS, volume 14)

Table of contents

  1. Front Matter
    Pages i-xviii
  2. Theoretical Bases

  3. Treatises on Legal Theory and Legal Sociology

  4. Treatises on Legal Politics and Theory of Justice

    1. Front Matter
      Pages 207-207
    2. Ota Weinberger
      Pages 209-246
    3. Ota Weinberger
      Pages 247-259
  5. Back Matter
    Pages 261-277

About this book


It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein­ berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.


Argumentation Hermeneutics Institution Luhmann Transformation justice legal argumentation legal positivism logical analysis natural law philosophy politics positivism systematics theory of law

Authors and affiliations

  1. 1.University of GrazAustria

Bibliographic information

Industry Sectors